Islamic Book Service (P) Ltd. Vs Sh. Abdur Rauf Najeeb Bakali (District Court)
Held that there is no infringement of copyright as some contents are bound to be similar as teaching given in the Holy Books Quran and Hadees and other religious text related to Islam religion are bound to be same in all books which are about teaching on Islam.
Facts-
Maulvi Abdul Aziz, S/o Maulvi Mohammadin was the owner and author of literary work in Urdu language entitled as “Islami Taleemat” series of books part I to VIII and he has assigned the copyright in the aforesaid literary work to the plaintiff unconditionally and also handed over the manuscript of the said work against consideration. Hence, he has left with no right, title or interest in the said literary wok and plaintiff becomes the sole / exclusive owner of all rights of the said work.
The copyright was granted by the Registrar of Companies vide registration No. L13204/92 to L13210/92 in the name of the plaintiff on 26.5.1992. It is further stated that the books “Studies in Islam” Grade one to Grade eight is being published by the plaintiff exclusively and continuously since 1992 because of said copyrights and it has become distinctive and said book has been sold on extensive scale in Delhi as well as abroad. The plaintiff has spent huge amount on the advertising, publicity and sale promotion through printing, visual and electronic media to popularize the said book.
In the month of May 2018, plaintiff came to know that the defendant has engaged himself in the same business and started publishing the literary work of Maulvi Abdul Aziz in the name and style of “Islamic Studies Grade I to Grade 5” thereby misrepresenting the contents of the said books and literary work of Maulvi Abdul Aziz. The defendant has illegally and malafidely adopted and started using and violating tradename / copyright of the plaintiff in respect of identical books and its contents and thus, infringed the copyright of the plaintiff. Hence, the defendant is trying to cheat the unwary purchaser by putting them into the belief as if they are buying the genuine books published by the plaintiff written by Maulvi Abdul Aziz. Therefore, the defendant be restrained from printing, publishing, selling and distributing the books in the name and style of “Islamic Studies Grade I to Grade 5” or the books which is identical and similar and further, mandatory injunction be granted in favour of the plaintiff and against the defendant directing the defendant to furnish an undertaking that he will not use the similar and identical copyright of plaintiff and to furnish the details of dealers, stockists, school, institute etc. with all blocks, dyes, papers and other packing material, computers printers to the plaintiff and further plaintiff has also sought the decree of damages of Rs. 10 lacs and decree for rendition of accounts against the defendant.
Conclusion-
Held that no comparison of the books of plaintiff and defendant was given to show either in the plaint or in the evidence of PW1 so that it could be said that the defendant has copied the plaintiff book and thus infringed the copyright work of book ‘Studies in Islam’. Whereas, on the other hand defendant has categorically deposed the differences in the books of ‘Studies in Islam’ and ‘Islamic Studies’.
Held that I am not agreed with the submission of Ld. Counsel for the plaintiff that the name of both the books ‘Islamic Studies’ and ‘Studies in Islam’ are almost similar as it contain word Islam and Studies therefore both book name are deceptively similar. In my view there cannot be any copy rights on word “Islam or studies”. The name of the plaintiff’s book is ‘Studies in Islam” whereas the name of the defendant’s book is ‘Islamic studies’.
Some contents are bound to be similar as teaching given in the Holy Books Quran and Hadees and other religious text related to Islam religion are bound to be same in all books which are about teaching on Islam. In my view, nobody can have copyright on these teachings which are written in the Holy Books Quran and Hadees or other Islamic books.
FULL TEXT OF THE JUDGMENT/ORDER OF DISTRICT HAZARI HIGH COURT
1. Vide this Judgment, I shall decide the suit for permanent and mandatory injunctions, damages and rendition of accounts filed by the plaintiff against the defendant.
2. It is stated in the plaint are that the plaintiff is a company duly incorporated under the Companies Act, 1956 having its registered office at 151112, Pataudi House, Darya Ganj, New Delhi and Sh. Khalid Siddiqui is one of the directors of the plaintiff company and has been duly authorized to sign, verify and institute the present suit vide resolution dated 9.7.2018.
3. It is further stated that Maulvi Abdul Aziz, S/o Maulvi Mohammadin was the owner and author of literary work in Urdu language entitled as “Islami Taleemat” series of books part I to VIII and he has assigned the copyright in the aforesaid literary work to the plaintiff unconditionally and also handed over the manuscript of the said work against consideration. Hence, he has left with no right, title or interest in the said literary wok and plaintiff becomes the sole / exclusive owner of all rights of the said work.
4. It is further stated that the copyright was granted by the Registrar of Companies vide registration No. L13204/92 to L13210/92 in the name of the plaintiff on 26.5.1992. It is further stated that the books “Studies in Islam” Grade one to Grade eight is being published by the plaintiff exclusively and continuously since 1992 because of said copyrights and it has become distinctive and said book has been sold on extensive scale in Delhi as well as abroad. The plaintiff has spent huge amount on the advertising, publicity and sale promotion through printing, visual and electronic media to popularize the said book.
5. It is further stated that in the month of May 2018, plaintiff came to know that the defendant has engaged himself in the same business and started publishing the literary work of Maulvi Abdul Aziz in the name and style of “Islamic Studies Grade I to Grade 5” thereby misrepresenting the contents of the said books and literary work of Maulvi Abdul Aziz. The defendant has illegally and malafidely adopted and started using and violating tradename / copyright of the plaintiff in respect of identical books and its contents and thus, infringed the copyright of the plaintiff. Hence, the defendant is trying to cheat the unwary purchaser by putting them into the belief as if they are buying the genuine books published by the plaintiff written by Maulvi Abdul Aziz. Therefore, the defendant be restrained from printing, publishing, selling and distributing the books in the name and style of “Islamic Studies Grade I to Grade 5” or the books which is identical and similar and further, mandatory injunction be granted in favour of the plaintiff and against the defendant directing the defendant to furnish an undertaking that he will not use the similar and identical copyright of plaintiff and to furnish the details of dealers, stockists, school, institute etc. with all blocks, dyes, papers and other packing material, computers printers to the plaintiff and further plaintiff has also sought the decree of damages of Rs. 10 lacs and decree for rendition of accounts against the defendant.
6. Summons of the suit were issued to the defendant and the defendant contested the suit by filing the written statement. In his written statement, defendant has taken the following preliminary objections :
1. That though it is denied that Maulvi Abdul Aziz has assigned copyrights of his Urdu literary work “Islami Taleemat” to the plaintiff vide affidavit dated 6.7.1989, even then, the said affidavit reveals that the copyrights were assigned by Maulvi Abdul Aziz to one M/s. Islamic Book Service, 2241/32, Kucha Chelan, Darya Ganj, New Delhi – 110002 and not to the plaintiff which is entirely different entity;
2. That the plaintiff company was never assigned copyright by Maulvi Abdul Aziz and letter dated 25.9.1992 is forged and fabricated;
3. That from the letter dated 25.9.1992, it is evident that the same was assigned to third party namely Sh. Abdul Moin and not to the plaintiff;
4. That the publisher under the name, “Studies in Islam” is not the original thoughts or words of either Maulvi Abdul Aziz or anyone else in the world and nobody can claim copyright upon the basic tenets and principles of Islam and neither it can be altered nor substituted with any other thought, ideology or principles;
5. That during the period 1982 to 2002, Maulvi Abdul Aziz was serving Government of UAE under Ministry of Education Dubai and hence, he was not authorized or empowered to assign his work in favour of third party as he was not the owner of said work and the Department of Private Education / Government of UAE was its owner;
6. That no time period is fixed for assignment in favour of plaintiff or any other person, either by way of affidavit dated 6.7.1989 or the letter dated 25.2.1992 and subclause (5) of Section 19 of the Copyright Act provides that if no specific period of assignment is stated then the maximum time period for such assignment shall be deemed to be five years from the date of assignment. Hence, the period has expired for which the assignment was made by Maulvi Abdul Aziz;
7. That the suit is bad for nonjoinder of necessary party i.e. Maulvi Abdul Aziz;
8. The copyright registration of “Studies in Islam” by the plaintiff is based on forged and fabricated documents as copyright board has dismissed all 7 English publications of respondent Sh. Abdul Moin on the ground that he was neither the author of published work nor had any document to show his copyright in any manner with respect to English version of said work vide order dated 16.4.1999 passed in case ‘Dr. M. Shoiab Quraishi Vs. Abdul Moin’;
9. That the plaintiff has fraudulently obtained letter dated 14.10.1999 by manufacturing a back dated letter of Maulvi Abdul Aziz whereby he tried to show that he was assigned th rights with respect to English Version of the work of Maulvi Abdul Aziz;
10. That a person can write several books on teaching of Islam. Maulvi Abdul Aziz has written several books including ‘Islamic Studies’, ‘20 Hadith For Kids’, ‘History of Islam’, and ‘Islam A Total Beginner’s Guide’ etc. and since the books published by the parties and their contents are altogether different, then merely for the reason that both the books are written by same person, plaintiff cannot claim that it amounts to infringement of its copyright;
11. That the plaintiff has concealed the fact that work published by the defendant is entirely different from the work published by plaintiff, the concept, contents, layout, cover page, designs and pictures etc. of the books published by defendant have no similarity with the books of plaintiff. The said differences are mentioned as under : –
